JOHNSON & JOHNSON v. GAC INTERN., INC.

Docket No. 88-7307, No. 27, Aug. Term 1988.

862 F.2d 975 (1988)

JOHNSON & JOHNSON and "A" Company, Incorporated, Plaintiffs-Appellants, v. GAC INTERNATIONAL, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 6, 1988.


Attorney(s) appearing for the Case

Thomas C. Morrison, New York City (Patterson, Belknap, Weber & Tyler), for plaintiffs-appellants.

Albert J. Breneisen, New York City (Kenyon & Kenyon), for defendant-appellee.

Before FEINBERG, Chief Judge, and NEWMAN and GARTH, Circuit Judges.


GARTH, Circuit Judge:

Plaintiffs/Appellants, Johnson & Johnson and its subsidiary "A" Company ("`A' Company"), appeal from a judgment, following a bench trial, entered in favor of Defendant/Appellee, GAC International, Inc. ("GAC"). "A" Company brought an action against GAC under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), alleging that GAC had falsely described its product and had misrepresented goods in interstate commerce. In specific, "A" Company...

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